Bill Text: CA AB638 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vessels: personal flotation devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 75, Statutes of 2015. [AB638 Detail]
Download: California-2015-AB638-Chaptered.html
BILL NUMBER: AB 638 CHAPTERED
BILL TEXT
CHAPTER 75
FILED WITH SECRETARY OF STATE JULY 13, 2015
APPROVED BY GOVERNOR JULY 13, 2015
PASSED THE SENATE JUNE 22, 2015
PASSED THE ASSEMBLY JUNE 25, 2015
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Frazier
FEBRUARY 24, 2015
An act to amend Section 658.3 of the Harbors and Navigation Code,
relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
AB 638, Frazier. Vessels: personal flotation devices.
Existing law regulates the safe operation of various types of
vessels navigating the state's ports and harbors. Existing law
prohibits a person from operating a motorboat, sailboat, or vessel
that is 26 feet or less in length unless every person on board who is
under 13 years of age is wearing a specified type of wearable
personal flotation device while that motorboat, sailboat, or vessel
is underway, as defined, except, among other circumstances, if the
person under 13 years of age is in an enclosed cabin. Existing law,
for purposes of those provisions, defines "enclosed cabin" to mean a
space on board a vessel that is surrounded by bulkheads and covered
by a roof.
This bill would make that prohibition applicable to a person
operating a motorboat, sailboat, or vessel of any length, but would
exempt from that prohibition a person operating a passenger vessel or
small passenger vessel, as defined. The bill would revise the
definition of "enclosed cabin" to mean a space on board a vessel that
is surrounded by bulkheads or canvas, and covered by a roof.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 658.3 of the Harbors and Navigation Code is
amended to read:
658.3. (a) A person shall not operate a motorboat, sailboat, or
vessel, unless every person who is on board and who is under 13 years
of age is wearing a United States Coast Guard-approved wearable
personal flotation device that is used in accordance with approval
labels and manufacturer's instructions while that motorboat,
sailboat, or vessel is underway.
(b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained
by a harness tethered to the vessel, or to a person operating a
vessel on which a person who is under 13 years of age is in an
enclosed cabin.
(c) A person on board a personal watercraft or a person being
towed behind a vessel on water skis, an aquaplane, or similar device,
except for an underwater maneuvering device intended for use by a
submerged swimmer, shall wear a United States Coast Guard-approved
wearable personal flotation device that is used in accordance with
approval labels and manufacturer's instructions. An underwater
maneuvering device is a towed or self-powered apparatus that a person
can pilot through diving, turning, and surfacing maneuvers that is
designed for underwater use.
(1) This subdivision does not apply to a person aboard a personal
watercraft or a person being towed behind a vessel on water skis, if
that person is a performer engaged in a professional exhibition, or
preparing to participate or participating with authorization pursuant
to a United States Coast Guard permit or other permit granted
pursuant to subdivision (a) of Section 268 in an official regatta,
marine parade, tournament, or exhibition.
(2) In lieu of wearing a United States Coast Guard-approved
wearable personal flotation device as described in this subdivision,
a person engaged in slalom skiing on a marked course or a person
engaged in barefoot, jump, or trick waterskiing may elect to wear a
wetsuit designed for the activity and labeled by the manufacturer as
a water ski wetsuit. A United States Coast Guard-approved personal
flotation device as described in this subdivision shall be carried in
the tow vessel for each skier electing to wear a water ski wetsuit
pursuant to this paragraph.
(d) The requirements set forth in subdivisions (a) and (c) do not
apply to a person 13 years of age or older operating a motorboat,
sailboat, or vessel if the vessel is engaged in an emergency rescue
situation.
(e) Subdivision (a) does not apply to a person operating a
"passenger vessel," as defined in Section 2101(22) of Title 46 of the
United States Code or a "small passenger vessel," as defined in
Section 2101(35) of Title 46 of the United States Code.
(f) The following definitions govern the construction of this
section:
(1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads or canvas, and covered by a roof.
(2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
(3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
(g) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.
